§ 101.535   Geographic partitioning and spectrum aggregation/disaggregation.

   (a)  Eligibility.  (1) 24 GHz licensees may apply to the Commission to
   partition their licensed geographic service areas to eligible entities and
   are free to determine the portion of their service areas to be partitioned.
   24 GHz licensees may aggregate or disaggregate their licensed spectrum at
   any time following the grant of a license.

   (2) Any existing frequency coordination agreements shall convey with the
   assignment of the geographic area or spectrum, and shall remain in effect
   unless new agreements are reached.

   (b) Technical standards—(1) Aggregation. There is no limitation on the
   amount of spectrum that a 24 GHz licensee may aggregate.

   (2) Partitioning. In the case of partitioning, applicants and licensees must
   file  FCC  Form  603  pursuant  to § 1.948 of this chapter and list the
   partitioned service area on a schedule to the application. The geographic
   coordinates  must be specified in degrees, minutes, and seconds to the
   nearest second of latitude and longitude and must be based upon the 1983
   North American Datum (NAD83).

   (3) Disaggregation. Spectrum may be disaggregated in any amount. A licensee
   need not retain a minimum amount of spectrum.

   (4) Combined partitioning and disaggregation. The Commission will consider
   requests for partial assignment of licenses that propose combinations of
   partitioning and disaggregation.

   (c) License term. The license term for a partitioned license area and for
   disaggregated spectrum shall be the remainder of the original licensee's
   license term as provided for in § 101.526.

   (d)  Construction  requirements.  Applications requesting approval for
   partitioning or disaggregation must include a certification by each party
   stating that one or both parties will satisfy the construction requirement
   set  forth  in  § 101.529.  Failure  by  a party to meet its respective
   construction requirement will result in the automatic cancellation of its
   license without further Commission action.

   [ 65 FR 59361 , Oct. 5, 2000, as amended at  67 FR 46379 , July 9, 2002]

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